Case: Johnson v. Peterson

U. S. Court of Appeals for the Sixth Circuit

Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.

Complaint against Oscar Cataldi, Carlos Perez, Lisa Peterson, Robert Yochum. Filing fee not paid, IFP. Filed by Luther Johnson. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 U.S. Marshal Form) (M,L) (Entered: 02/12/2018)

1 Civil Cover Sheet

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2 Summons

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3 U.S. Marshal Form

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Motion to proceed in forma pauperis filed by Plaintiff Luther Johnson. (Attachments: # 1 Affidavit of Prisoner, # 2 Inmate Demand Statement)(M,L) (Entered: 02/12/2018)

Judge Jeffrey J. Helmick assigned to case. Judge James G. Carr terminated. (M,L)

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (M,L)

Judge James G. Carr assigned to case. Recused pursuant to General Order No. 2016-10. (M,L)

Order granting Plaintiff's motion to proceed in forma pauperis (Related Doc # 2 ). Pursuant to 28 U.S.C. § 1915(b) total filing fee of $350 is due. Initial partial fee of $22.50 is due and should be deducted from Plaintiff's prisoner account when funds are available until initial partial fee is paid. Thereafter the prison cashier's office shall deduct and forward to the Court 20% of the preceding month's income credited to prisoner's account each time amount in the account exceeds $10.00 until the full $350 fee has been paid. Clerk is directed to issue copy of this order and attached instructions to Plaintiff and prison cashier's office. Clerk is further directed to forward copy of this order to Court's financial office. Magistrate Judge James R. Knepp, II on 6/13/18. (Attachments: # 1 Instructions) (A,P) (Entered: 06/13/2018)

Copy of 3 Order mailed to Luther Johnson 166-904 and Prison Cashier's Office at Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 and emailed to Court's financial office on 6/14/18. (A,P)

Original Summons and Magistrate Consent Form issued to U.S. Marshal for service upon Oscar Cataldi, Carlos Perez, Lisa Peterson, Robert Yochum. (Attachments: # 1 Magistrate Consent Form) (R,Ke) (Entered: 06/19/2018)

Return of Service by U.S. Marshal by FedEx executed upon Carlos Perez on 6/26/2018; Lisa Peterson on 6/26/2018; Robert Yochum on 6/26/2018, filed on behalf of Luther Johnson Related document(s) 1, 4 . (R,Ke) (Entered: 06/27/2018)

Return of Service by U.S. Marshal by FedEx Delivery Service executed upon Oscar Cataldi on 6/26/2018, filed on behalf of Luther Johnson. Related document(s) 1, 4 . (M,L) (Entered: 06/27/2018)

Return of Service by U.S. Marshal unexecuted upon Carlos Perez. Service attempted by FedEx Delivery Service on 6/26/2018 marked "no longer at this address" filed on behalf of Luther Johnson. Related document(s) 1, 4 . (M,L) (Entered: 07/09/2018)

Motion for extension of time until August 7, 2018 to answer Plaintiff's complaint filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. Related document(s) 1 . (Yuhas, Maureen) (Entered: 07/16/2018)

Marginal Entry Order granting 8 Defendant's Motion for Extension of Time to Answer until 8/7/18. Oscar Cataldi, Lisa Peterson and Robert Yochum answer due 8/7/2018. Judge Jeffrey J. Helmick on 7/19/18.(A,P) (Entered: 07/19/2018)

Copy of 9 Marginal Entry Order mailed to Luther Johnson 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 7/19/18. Maureen Yuhas notified court she received order as well despite issues with her email address. She is inquiring to make sure she receives all further filings. (A,P)

Partial filing fee in the amount of $4.00 received from Luther Johnson. Receipt # 14660106661 (W,Jo)

Motion for appointment of legal counsel filed by Plaintiff Luther Johnson. (D,TM) (Entered: 08/06/2018)

Second Motion for extension of time to answer Plaintiff's Complaint until 8/21/2018 with Memorandum in Support filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. Related document(s) 1 . (Yuhas, Maureen) (Entered: 08/07/2018)

Marginal Entry Order granting 11 Defendants' Second Motion for Extension of Time to Answer. Defendants Oscar Cataldi, Lisa Peterson, and Robert Yochum answer due 8/21/2018. Judge Jeffrey J. Helmick on 8/8/2018. (SG,D) (Entered: 08/08/2018)

Answer to 1 Complaint with Jury Demand filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Yuhas, Maureen) (Entered: 08/21/2018)

Copy of 12 mailed to Luther Johnson at 166-904 Allen Correctional Institution PO Box 4501 Lima, Ohio 45802 on 8/27/2018. Related document(s) 12 . (SG,D)

Partial filing fee in the amount of $22.00 received from Luther Johnson. Receipt # 14660107344 (S,SR)

Case Management Conference Order: Case is assigned to the administrative track. If either party files a dispositive motion, said motion to be filed by October 1, 2018; opposition November 16, 2018; reply December 3, 2018. All further discovery shall be stayed pending adjudication of said motion.If no dispositive motions are filed, the parties shall file a status report by October 1, 2018, at which time a trial date shall be assigned. Judge Jeffrey J. Helmick on 9/4/2018. (S,AL) (Entered: 09/04/2018)

Marginal Entry Order denying the plaintiff's motion for appointment of counsel, without prejudice. (Related Doc # 10 ) Judge Jeffrey J. Helmick on 9/4/2018.(S,AL) (Entered: 09/04/2018)

Copy of 15 Order and 14 Case Management Conference Order mailed to plaintiff at 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 9/4/2018. Related document(s) 15, 14 . (S,AL)

Affidavit of Jeff Reed filed by Luther Johnson. (Attachments: # 1 Article re Liver Biopsy Assessment)(D,TM) (Entered: 09/06/2018)

Motion Disclosure in Part and Request Court Give Order for Discovery in Relation to Request for Injunctive Relief, Declaratory and Complaint filed by Plaintiff Luther Johnson. (S,JM) (Entered: 09/24/2018)

Motion for extension of Dispositive Motion until 12/01/2018 with Memorandum in Support filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Yuhas, Maureen) (Entered: 09/24/2018)

Partial filing fee in the amount of $4.00 received from Luther Johnson. Receipt # 14660108041 (S,SR)

Marginal Entry Order granting the defendants' motion to extend the dispositive motion deadline. Motions due 12/1/18; opposition due 1/14/19; reply due 2/18/19. 18 Judge Jeffrey J. Helmick on 9/28/2018.(S,AL) (Entered: 09/28/2018)

Copy of 19 Order mailed to plaintiff at 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 9/28/2018. Related document(s) 19 . (S,AL)

Motion for leave to take the deposition of Plaintiff with Memorandum in Support filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Yuhas, Maureen) (Entered: 10/10/2018)

Motion for judgment on the pleadings with Memorandum in Support filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Yuhas, Maureen) (Entered: 10/10/2018)

Second Motion for appointment of counsel with Memorandum in Support filed by Plaintiff Luther Johnson. (D,TM) (Entered: 10/18/2018)

Motion objecting in part the type of Depositions and Plaintiff's request to depose agents, witnsesses with request for Interrogatories, Admissions and Subpoena documents under control of agents or contractors filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(D,TM) (Entered: 10/18/2018)

Motion for extension of time for 30 days to file opposition and memorandum contra 21 Motion for judgment on the pleadings filed by Plaintiff Luther Johnson. Related document(s) 21 . (Attachments: # 1 Envelope) (D,TM) (Entered: 10/26/2018)

Partial filing fee in the amount of $22.00 received from Luther Johnson. Receipt # 14660109053 (S,SR)

Response to 23 Motion objecting in part the type of Depositions and Plaintiff's request to depose agents, witnsesses with request for Interrogatories, Admissions and Subpoena documents under control of agent's or contractors filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Yuhas, Maureen) (Entered: 11/06/2018)

Motion in Opposition to 21 Motion for judgment on the pleadings filed by Luther Johnson. (Attachments: # 1 Grievance Appeals, # 2 Envelope)(D,TM) (Additional attachment(s) added on 12/7/2018: # 3 Corrected Main Document, # 4 Corrected Exhibits: Grievance Appeals) (D,TM). (Entered: 11/07/2018)

Motion (Request) for Initial Disclosure required under Rule 26(a)(i)(ii) with enclosed evidence filed by Plaintiff Luther Johnson. (Attachments: # 1 Exhibit: Death certificate and After Visit Summary, # 2 Envelope)(D,TM) Modified on 12/7/2018 (S,JM). (Entered: 11/21/2018)

Partial filing fee in the amount of $40.00 received from Luther Johnson. Receipt # 14660109842 (S,SR)

Partial filing fee in the amount of $4.00 received from Luther Johnson. Receipt # 14660110479 (S,SR)

Motion to compel initial disclosure requested under Federal Rules of Civil Procedure 26(a)(i-iv) filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(D,TM) (Entered: 01/10/2019)

Affidavit/Declaration in support of Motion to Compel filed by Luther Johnson. Related document(s) 28 . (Attachments: # 1 Envelope)(D,TM) (Entered: 01/10/2019)

Memorandum Opinion and Order: Defendants' motion for judgment on the pleadings, (Doc. No. 21), is granted. I dismiss Johnson's claims against Defendant Perez pursuant to § 1915(e)(2)(B)(ii). Defendants' motion for leave to take Johnson's deposition, (Doc. No. 20), is denied. Plaintiff's motions for discovery, (Doc. No. 17, Doc. No. 27, and Doc. No. 28), his objection to Defendants' motion for leave (Doc. No. 23), and his motion for appointment of counsel, (Doc. No. 22), are denied. re 20 28 27 17 21 22 23 . Judge Jeffrey J. Helmick on 1/7/2020. (S,AL) (Entered: 01/07/2020)

Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed contemporaneously, the motion of Defendants Lisa Peterson, Oscar Cataldi, Jr., and Robert Yochum for judgment on the pleadings, (Doc. No. 21), is granted. I dismiss Plaintiff Johnson's claims against Defendant Perez pursuant to § 1915(e)(2)(B)(ii). Defendants' motion for leave to take Johnson's deposition, (Doc. No. 20), is denied. Plaintiff's motions for discovery, (Doc. No. 17, Doc. No. 27, and Doc. No. 28), his objection to Defendants' motion for leave (Doc. No. 23), and his motion for appointment of counsel, (Doc. No. 22), are denied. re 30 . Judge Jeffrey J. Helmick on 1/7/2020. (S,AL) (Entered: 01/07/2020)

Copy of 30 Memorandum Opinion and Order and 31 Judgment mailed to plaintiff at 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 1/7/2020. Related document(s) 30, 31 . (S,AL)

Motion for reconsideration and Motion for relief from Judgment with Memorandum filed by Plaintiff Luther Johnson. Related Document(s) 30 and 31 (Attachments: # 1 Exhibit A: Inside Pass Only, # 2 Envelope)(D,TM) (Entered: 01/15/2020)

Notice of Substitution of Counsel removing attorney Maureen Yuhas and adding attorney Mindy A. Worly filed by on behalf of Oscar Cataldi, Lisa Peterson, Robert Yochum. (Worly, Mindy) (Entered: 01/24/2020)

Amended Motion for reconsideration and Motion for relief from Judgment of the Court's Memorandum Opinion and the Order granting Defendants' Motion for Judgment on the Pleadings with Memorandum in support filed by Plaintiff Luther Johnson. Related document(s) 32, 30, 31 . (Attachments: # 1 Envelope)(D,TM) (Entered: 01/24/2020)

NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the 30 Memorandum Opinion and Order of 1/7/20, filed by Luther Johnson. Filing Fee not paid. (Attachments: # 1 Envelope) (D,TM) (Entered: 01/24/2020)

Praecipe with request to send complete records to Sixth Circuit Court of Appeals filed by Luther Johnson. Related document(s) 35 .(D,TM) (Entered: 01/24/2020)

Appeal Remark from USCA for the Sixth Circuit: The appeal 35 will be held in abeyance until after the District Court rules on pending motions (USCA# 20-3101) (H,SP) (Entered: 01/29/2020)

Acknowledgment from the USCA for Sixth Circuit of receipt of 35 Notice of Appeal (USCA# 20-3101). Date filed in USCA 1/27/20. (H,SP)

Supplement to 34 Amended Motion for reconsideration and Motion for relief from Judgment of the Court's Memorandum Opinion and the Order granting Defendants' Motion for Judgment on the Pleadings filed by Luther Johnson. (Attachments: # 1 Exhibit A: Informal complaint resolution, # 2 Exhibit B: Disposition of grievance, # 3 Exhibit C: Citation, # 4 Envelope) (R,Ke) (Entered: 02/05/2020)

Order: Johnson's motions for reconsideration are denied. Related Doc # 32 (Related Doc # 34 ). Judge Jeffrey J. Helmick on 5/5/2020.(S,AL) (Entered: 05/05/2020)

Copy of 39 Order on Motion for reconsideration mailed to Luther Johnson, 166-904, Allen Correctional Institution, P.O. Box 4501 Lima, OH 45802 on 5/5/2020. Related document(s) 39 . (S,AL)

Motion to appeal in forma pauperis filed by Plaintiff Luther Johnson. (Attachments: # 1 Affidavit of prisoner, # 2 Inmate demand statement, # 3 Court of Appeals letter, # 4 Transmittal letter, # 5 Envelope 1, # 6 Envelope 2)(R,Ke) (Entered: 06/08/2020)

Motion to compel and request facts and conclusions of law to the F.R.Civ.P. 60(B)(6) filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(R,Ke) (Entered: 06/08/2020)

1 Envelope

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Compel Discovery

Order: I grant Johnson's motion to appeal in forma pauperis. (Doc. No. 40).The second is a motion seeking to compel a ruling on his Rule 60(b) motion. (Doc. No. 41). I already ruled on Johnson's Rule 60(b) motion. Therefore, I deny Johnson's motion to compel. (Doc. No. 41). While the docket reflects the Clerk's Office already has mailed a copy of that order to Johnson, I hereby order the Clerk to include another copy of that order when the Clerk mails a copy of this order to Johnson. Further, I hereby order the Clerk to notify the Sixth Circuit that all pending motions before me have been resolved. (Related Doc # 40 ) (Related Doc # 41 ). Judge Jeffrey J. Helmick on 6/15/2020.(S,AL) (Entered: 06/15/2020)

Copy of 42 Order on Motion to appeal in forma pauperis and Motion to compel and 39 Order on Motion for reconsideration mailed to the plaintiff at 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 6/15/2020. Related document(s) 42, 39 . (S,AL)

True copy of mandate from the USCA for the Sixth Circuit: Remand the case to the District Court for consideration of the issues in the first instance re 35 Notice of Appeal (USCA# 20-3101). Date issued as mandate 6/2/21; Costs: None (H,SP) (Entered: 06/03/2021)

Order

Order [non-document] Parties to file a joint status reort in 45 days. Judge Jeffrey J. Helmick on 6/4/2021. (S,AL)

Copy of Order (Non-Document) mailed to Luther Johnson 166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 6/4/2021. (S,AL)

Motion to dismiss Plaintiff's Damage Claims filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Worly, Mindy) (Entered: 06/22/2021)

Memorandum Contra to Defendants Motion to Dismiss Plaintiff's Damage Claims filed by Plaintiff Luther Johnson. Related document(s) 45 . (Attachments: # 1 Envelope)(K,AR) (Entered: 07/12/2021)

Status Report filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Worly, Mindy) (Entered: 07/21/2021)

Motion for injunctive relief filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(K,AR) (Entered: 07/23/2021)

Reply to response to 45 Motion in Memoradum Contra to Defendants Motion to Dismiss Plaintiff's Damage Claims filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Worly, Mindy) (Entered: 07/26/2021)

Response to 48 Motion for relief filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Attachments: # 1 Exhibit A, Declaration of David Caudill)(Worly, Mindy) (Entered: 08/06/2021)

Motion for appointment of counsel filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(K,AR) (Entered: 08/16/2021)

Motion to compel discovery filed by Plaintiff Luther Johnson. (Attachments: # 1 Envelope)(K,AR) (Entered: 08/16/2021)

Copy of Order on Motion for appointment of counsel mailed to Luther Johnson #166-904 Allen Correctional Institution P.O. Box 4501 Lima, OH 45802 on 8/17/2021. (S,AL)

Order on Motion for appointment of counsel

Order [non-document] granting the plaintiff's motion for appointment of counsel. The Clerk of Court is hereby directed to secure pro bono counsel for the plaintiff. (Related Doc # 51 ). Judge Jeffrey J. Helmick on 8/17/2021.(S,AL)

Memorandum Contra to Defendants Response to Plaintiffs Request for Injunctive Relief filed by Luther Johnson. Related document(s) 50 . (Attachments: # 1 Envelope) (K,AR) (Entered: 08/20/2021)

Response to 52 Motion to compel discovery filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. (Worly, Mindy) (Entered: 08/27/2021)

Order appointing Thomas A. Sobecki for Luther Johnson as pro bono counsel. Link to Pro Bono Protocol General Order 2007-02. Link to Reimbursement Voucher and Instructions. Judge Jeffrey J. Helmick on 9/13/2021. (S,AL) (Entered: 09/13/2021)

Copy of 55 Order Appointing Pro Bono Attorney mailed to Luther Johnson at #166-904 Allen Correctional Inst. PO Box 4501 Lima, OH 45802 on 9/13/2021. Related document(s) 55 . (S,AL)

Order: Parties to file a joint status report on or before 11/12/2021. Judge Jeffrey J. Helmick on 9/27/2021. (S,AL) (Entered: 09/27/2021)

Joint Status Report filed by Luther Johnson. Related document(s) 56 .(Sobecki, Thomas) (Entered: 11/12/2021)

Order Plaintiff shall file his supplemental response to Defendants' motion to dismiss on or before January 10, 2022. Defendants are granted leave to file a supplemental reply brief on or before January 24, 2022. Plaintiff's pro se motions, (Doc. Nos. 48 and 52), are denied without prejudice. Discovery shall be held in abeyance until further order of this Court. 48 52 . Judge Jeffrey J. Helmick on 11/30/2021. (S,AL) (Entered: 11/30/2021)

Supplemental Response to 45 Motion to dismiss Plaintiff's Damage Claims filed by Luther Johnson. (Sobecki, Thomas) (Entered: 01/10/2022)

Reply to Plaintiff's Supplemental Response Regarding Qualified Immunity filed by Oscar Cataldi, Lisa Peterson, Robert Yochum. Related document(s) 59 . (Worly, Mindy) (Entered: 01/24/2022)

Memorandum Opinion and Order: I grant Defendants' motion to dismiss Johnson's claims for damages. Johnson's claims for injunctive relief remain pending. (Related Doc # 45 ). Judge Jeffrey J. Helmick on 3/29/2022.(S,AL) (Entered: 03/29/2022)

Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed contemporaneously, I grant the motion of Defendants Lisa Peterson, Oscar Cataldi, Jr., and Robert Yochum to dismiss the damages claims asserted by Plaintiff Luther Johnson on the basis of qualified immunity. re 61 . Judge Jeffrey J. Helmick on 3/29/2022. (S,AL) (Entered: 03/29/2022)

Notice [Non-Document]: Telephone Conference set for 4/28/2022 at 1:30 PM to be held telephonically before Judge Jeffrey J. Helmick. Counsel to call the bridge line at 877-411-9748, access code 1231873. (S,AL)

Order of Telephone Conference held on 4/29/2022.Tthe parties are to file a Joint Status Report on or about September 1, 2022. Time: 20 minutes. Judge Jeffrey J. Helmick on 4/29/2022. (S,AL) (Entered: 04/29/2022)

Unopposed Motion for Allocation and Payment Regarding Expert Witness Fees And Expenses filed by Plaintiff Luther Johnson. (Sobecki, Thomas) (Entered: 05/11/2022)

Order Dismissing Case